A. Sandler Co. v. Portland Shoe Manufacturing Co.

This action was brought by a trustee writ. When it was entered the declaration contained two counts. The first count was for libel. The second count, we will assume in favor of the plaintiff, but without deciding, was for malicious interference with the procuring of a contract and not for libel. After the entry of the writ and before the defendant had appeared, the plaintiff procured ex parte the allowance of a substitute declaration in a single count which we will likewise assume was not for libel. A motion by the defendant to dismiss was denied, but thereafter, during the trial of the case…